Articles Posted in Domestic Violence and Child Abuse

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A Boca Raton man was released from the Palm Beach County Jail Thursday after being arrested Wednesday for allegedly assaulting his father and a female family member.

According to the Palm Beach County Sheriff’s Office, the man was apparently fighting with his 75-year-old father when another family member arrived hoping to stop the dispute. The man is accused of picking the woman up with both his hands around her neck. 

Police included in their report that the father had bandages on both his forearms and blood was starting to seep through them. 

The accused was charged with battery on a person over age 65 as well as domestic battery.

pair-3361949_1920-300x145Sometimes personal conflicts between family members can result in domestic violence charges. Any type of arrest should be taken seriously, so it is very important to obtain legal help right away. Police, prosecutors, and Florida law do not take domestic violence arrests lightly, so you must protect your legal rights immediately so that you can avoid hefty fines, jail time, and even restricted access to your home and children. 

Our Palm Beach County Domestic Violence Defense Lawyers at Whittel & Melton want to help you avoid a domestic violence conviction whenever possible. As former prosecutors and criminal defense attorneys, we have handled numerous cases where our clients have been accused of domestic violence. We can put our experience to work for you and help you through your unique journey with the criminal justice system. Our number one goal is to limit the criminal consequences you are facing after someone like a family member or spouse has accused you of violence. We will handle every aspect of your case from the investigative phase through trial (when necessary). We will do whatever can be done to have your charges reduced or dismissed entirely, but every case is different and presents its own set of challenges. 

What Constitutes Domestic Violence? 

A person can be charged with domestic violence in the state of Florida for assaulting or harming the following individuals: 

  • A spouse or domestic partner
  • A boyfriend, girlfriend, lover
  • A family member
  • A co-parent
  • A roommate or other household member that may or may not be a relative 

Domestic violence does not just take the form of physical abuse. It can include assault and battery, but can also be classified as psychological abuse, emotional abuse, sexual abuse, making threats, intimidation, harassment, stalking, and even exploitation. 

Any time there is evidence that points to abuse, prosecutors are hesitant to reduce or dismiss charges. However, it is quite common for the victim in these cases to not wish to proceed with prosecuting their spouse, partner or family member. In these cases it may be possible to get the charge dismissed so that both parties can move forward with their lives and leave this incident in the past.   Continue Reading

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tears-4551435_640-150x150Our homes are supposed to be our safe havens, especially right now amongst the coronavirus outbreak. But, for people experiencing domestic violence, social distancing means being trapped inside with their abuser. 

As cities around the United States, and even the world, go under lockdown, activists are worried that attempts to curb the coronavirus will inadvertently lead to an increase in domestic violence.

According to domestic violence advocates, domestic violence is already a deadly epidemic. One in three women around the world experience physical or sexual violence, mostly from an intimate partner, according to the World Health Organization (WHO). As the WHO notes: “This makes it the most widespread, but among the least reported human rights abuses.” Gender-based violence tends to increase during humanitarian emergencies and conflicts; “women’s bodies too often become battlefields”.

According to reports from China, the coronavirus has already caused a significant spike in domestic violence. Local police stations saw a threefold increase in cases reported in February compared with the previous year, according to the founder of an anti-domestic violence nonprofit. The founder claims that, according to their statistics, 90% of the causes of violence are related to the Covid-19 epidemic. 

There is fear that America will follow the same pattern of abuse. A domestic violence hotline in Portland, Oregon, says calls doubled last week. And the national domestic violence hotline is hearing from a growing number of callers whose abusers are using Covid-19 to further control and isolate them. The hotlines say they are hearing of people being threatened to be thrown out on the street so they get sick, withholding financial resources, and even medical assistance.

With all attention focused on stopping the spread of COVID-19, the problem of private violence risks being overlooked or deprioritized by authorities. In the UK, for example, schools are now closed to everyone except for the children of key workers performing essential services. Domestic violence professionals have been left off this list as they are not seen as an essential service. 

Dawn Butler, Labour’s women and equalities spokeswoman, has asked the prime minister to “urgently reconsider” this classification and consider implementing emergency funding to help people in danger escape domestic abuse during the crisis. “[T]wo women are killed every week by a partner or former partner,” Butler said. “If the Govt fails to prepare and plan more people will die.”

With the times that we are now living in, everyone is feeling fear and stress. Activists say that now more than ever we need to look out for the most vulnerable in our society. They are urging neighbors to be extra aware and vigilant of possible cases of domestic violence. Living in at-home isolation can cut people off from their communities, but experts are advising everyone to remember that we are all in this together.

What Constitutes Domestic Violence?

  • Domestic violence is any violent or potentially violent act against someone in your household. Domestic violence charges can be brought based on the following types of relationships: 
  • The accused and the victim are married, were formally married, or currently live together
  • The victim or the accused is pregnant by the other party
  • The victim is related to the accused or their spouses – this includes parents, grandparents, grandchildren, brothers, sisters, in laws, or stepchildren
  • The victim is a child who lives in the same residence as the accused
  • The two parties involved have a romantic relationship

In general, if the alleged victim is related to the accused, lives with the accused, or is someone with whom the accused has had a sexual relationship, then the crime will likely fall under the umbrella of domestic violence.

Examples of Domestic Violence Charges

There are numerous criminal acts that may be considered domestic violence, including: 

  • Physical abuse: Any hitting, pushing, kicking, or slapping. Domestic violence charges can also arise from throwing objects, smashing things, or even just threatening to commit an act of physical violence.
  • Sexual abuse: Pressuring or forcing another person to engage in sexual acts. 
  • Verbal abuse: Yelling, belittling, and name calling.
  • Emotional abuse: Threatening, frightening, or even neglecting household members. 

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Actress Heather Locklear has been arrested for felony domestic violence, according to reports.

The Ventura County Sheriff’s Office received a call of domestic disturbance in Thousand Oaks, Calif., at 10 p.m. Sunday.

Locklear’s brother called police after allegedly witnessing her and her boyfriend fighting at her Thousand Oaks home.

Responding officers reportedly saw marks on her boyfriend’s body.

When Locklear was arrested, she allegedly became physically aggressive, kicking and eventually hitting three police officers.

The 57-year-old was put in handcuffs and taken to the hospital for evaluation.

Locklear was booked at 1:03 a.m. Monday and released at 5:48 a.m. after posting $20,000 bail.

A court date has been set for March 13.

When an altercation occurs between family members, spouses or even roommates, police are usually quick to make an arrest. The reality is that the arresting officers do not always have the whole story. If you or a loved one has been charged with domestic violence, you need to protect yourself and talk to a criminal defense attorney who can explain your options for defending yourself.

When it comes to domestic violence charges, our South Florida Domestic Violence Defense Lawyers at Whittel & Melton know that there are two sides to every story. We can help make sure your voice is heard and that your version of events gets the attention it deserves. We will make sure your case gets the personalized attention it deserves whether that means we negotiate for a reduced charge or take your case to trial to prove your innocence.

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The Palm Beach Post is reporting that the Boca Raton man who shot and critically injured a woman and a boy at a suburban Boca Raton home on Friday night, later died of a self-inflicted gunshot wound. The Palm Beach County Sheriff’s Office believes the incident was domestic violence-related.

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The shooting took place shortly after 7 p.m. in the Villa San Ramon neighborhood south of Clint Moore Road and west of Florida’s Turnpike. The 40-year-old woman was shot in the leg while the boy was reportedly shot in the abdomen. Both are expected to survive.

There was one other girl in the home, who was uninjured.

The women fled to a neighbor’s house screaming for help and a police helicopter as well as SWAT units were involved in securing the scene.

Commonly, there are mental health elements involved in domestic disputes, as appears to be the case in this event. The Boca Raton Domestic Violence Attorneys at Whittel & Melton are skilled at handling the many layers a domestic violence case may have, and handle these matters with delicacy and tact.

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